Bholaram Nirmalkar vs Vikash Ramrakhiyani
2025 Latest Caselaw 1729 Chatt

Chattisgarh High Court

Bholaram Nirmalkar vs Vikash Ramrakhiyani on 4 February, 2025

Author: Narendra Kumar Vyas

Bench: Narendra Kumar Vyas

                                              1




                                                               2025:CGHC:6248

                                                                            NAFR


                    HIGH COURT OF CHHATTISGARH AT BILASPUR

                                   ACQA No. 748 of 2024

             •   Bholaram Nirmalkar S/o Late Shri Charan Prasad Nirmalkar Aged
                 About 60 Years R/o Village Boriyakhurd, Tahsil And District Raipur
                 Chhattisgarh
                                                                     --- Appellant

                                           versus

             •   Vikash Ramrakhiyani S/o Shri Mohan Lal Rakhiyani Aged About 35
                 Years R/o Behind Of Anandpuri Kutiya, Shyam Nagar, Raipur
                 District Raipur, Chhattisgarh.
                                                                --- Respondent

ACQA No. 294 of 2022

• Bholaram Nirmalkar S/o Late Shri Charan Prasad Nirmalkar Aged About 60 Years R/o Village Boriyakhurd, Tahsil And District Raipur Chhattisgarh

--- Appellant

Versus

• Vikash Ramrakhiyani S/o Shri Mohan Lal Rakhiyani Aged About 35 Years R/o Behind Of Anandpuri Kutiya Shyam Nagar, Raipur District Raipur, Chhattisgarh

--- Respondent

• Bholaram Nirmalkar S/o Late Shri Charan Prasad Nirmalkar Aged About 60 Years R/o Village Boriyakhurd, Tahsil And District Raipur Chhattisgarh.

--- Appellant

Digitally signed by MANISH MANISH YADAV YADAV Date:

2025.02.06 10:56:19 +0530

Versus

• Vikash Ramrakhiyani S/o Shri Mohan Lal Rakhiyani Aged About 35 Years R/o Behind Of Anandpuri Kitiya, Shyam Nagar, Raipur District Raipur Chhattisgarh.

--- Respondent

For Appellants : Mr. Amit Kumar Sahu, Advocate

For Respondent(s) : Mr. Jitendra Kumar Saxena, Advocate

Hon'ble Shri Justice Narendra Kumar Vyas Order on Board

04.02.2025

1. The appellant has filed the present acquittal appeals under Section

378(4) of the Code of Criminal Procedure, 1973 against the

judgment dated 24.02.2020 (Annexure A/1) passed by the learned

Judicial Magistrate First Class, Raipur, District Raipur (C.G.) in

Complaint Case No. 3029/2017 by which the respondents/accused

has been acquitted of the charges under Section 138 of the

Negotiable Instruments Act, 1881.

2. During the pendency of the case, the accused has decided to

make payment of the cheques amount to the tune of Rs. 25 Lakhs

which is the amount of cheques bearing No. 002087, 002086 and

002088 in full satisfaction of the said amount mentioned in the

cheques.

3. Since the respondent has paid the amount by Demand Draft

bearing No. 787872, therefore, the acquittal appeals are disposed

of in terms of subsequent realization of the cheques amount by

Demand Draft paid by respondent today.

4. A photocopy of the Demand Draft is taken on record.

5. Accordingly, these acquittal appeals are disposed of in terms of

realization of the cheques amount.

Sd/-

(Narendra Kumar Vyas) Judge

Manish